National Assembly for Wales (Remuneration) Measure 2010

(introduced by section 4)

SCHEDULE 1 W DISQUALIFICATION FROM MEMBERSHIP OF THE BOARD

1 W The following persons are disqualified from being members of the Board—

(a) [F1 a Member of the Senedd],

(b) the Counsel General (if not [F1 a Member of the Senedd]),

(c) a candidate for election as [F1 a Member of the Senedd],

(d) a person whose name could, if the seat of a [F2 F3 ... Member of the Senedd] became vacant, be required to be notified to the Presiding Officer under section 11 of the Act ([F4 vacant seats]),

(e) a member of the European Parliament, House of Commons, F5 ... Scottish Parliament or Northern Ireland Assembly,

(f) a member of the staff of the [F6 Senedd],

(g) a member of the staff of the Welsh F7 ... Government,

(h) a person employed by [F1 a Member of the Senedd] or by a [F8 group of Members] for the purpose of assisting that member or the members of that group to perform the functions of [F1 a Member of the Senedd],

(i) the Auditor General for Wales,

(j) the [F9 Senedd] Commissioner for Standards,

(k) a member of the [F6 Senedd] Commission Corporate Governance Committee,

(l) a person holding the appointment of Independent Adviser to the [F6 Senedd] Commission,

F10 (m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n) a person holding the appointment of Non-Executive Director of the Welsh F11 ... Government.

Textual Amendments

F1 Words in Measure substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 4(9) (with Sch. 1 para. 4(7)(8))

F2 Words in Sch. 1 para. 1(d) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 4(6)(a)

F3 Word in Sch. 1 para. 1(d) omitted (24.8.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 10(13)(a)(i), 25(2)(b) (with s. 24(1))

F4 Words in Sch. 1 para. 1(d) substituted (24.8.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 10(13)(a)(ii), 25(2)(b) (with s. 24(1))

F5 Words in Sch. 1 para. 1(e) omitted (12.4.2014) by virtue of The National Assembly for Wales (Remuneration) Measure 2010 (Disqualification from Remuneration Board) Order 2014 (No. 1004), arts. 1(2), 2(a)

F6 Word in Measure substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 4(12) (with Sch. 1 para. 4(7)(8)

F7 Word in Sch. 1 para. 1(g) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 4(6)(b)

F8 Words in Sch. 1 para. 1(h) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 4(6)(c)

F9 Word in Sch. 1 para. 1(j) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 4(6)(d)

F10 Sch. 1 para. 1(m) omitted (12.4.2014) by virtue of The National Assembly for Wales (Remuneration) Measure 2010 (Disqualification from Remuneration Board) Order 2014 (No. 1004), arts. 1(2), 2(b)

F11 Word in Sch. 1 para. 1(n) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 4(6)(e)

2 W For the purposes of paragraph 1(c) a person becomes a candidate for election as [F1 a Member of the Senedd]—

(a) on the day on which that person is declared to be a candidate (whether by the person in question or by others), or

(b) on the day on which that person is nominated as a candidate at [F12 a Senedd] election,

whichever is the earlier.

Textual Amendments

F1 Words in Measure substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 4(9) (with Sch. 1 para. 4(7)(8))

F12 Words in Measure substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 4(11) (with Sch. 1 para. 4(7)(8))

3 W When determining, for the purposes of paragraph 1(d), whether the name of a person could be required to be notified to the Presiding Officer under section 11 of the Act, the requirements of paragraphs (b) and (c) of [F13 subsection (4)] of that section are to be disregarded.

Textual Amendments

F13 Words in Sch. 1 para. 3 substituted (24.8.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 10(13)(b), 25(2)(b) (with s. 24(1))

(introduced by section 6(3))

SCHEDULE 2 W APPOINTMENT OF MEMBERS OF THE BOARD

1 W The Clerk must make arrangements for selecting candidates for appointment as Chair, and as other members of the Board.

2 W Those arrangements may—

(a) be revised from time to time, and

(b) make different provision for different appointments and for appointments made under different circumstances.

3 W The Clerk must ensure that those arrangements—

(a) do not involve participation by any person who appears to the Clerk to be likely to be affected by the exercise by the Board of any of its functions, or any person connected with such a person, and

(b) subject to sub-paragraph (a), have due regard to the principle that there should be equality of opportunity for all people.

4 W The Clerk must not give effect to the arrangements in relation to a particular appointment unless they have first been published on the [F14 Senedd's] website and continue to be so published whilst the process of selecting a person for that appointment is taking place.

Textual Amendments

F14 Word in Sch. 2 para. 4 substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 4(3)

5 W The [F6 Senedd] Commission must appoint as Chair, or as a member of the Board, as the case may be, any person selected, in accordance with such arrangements, for appointment to that office.

Textual Amendments

F6 Word in Measure substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 4(12) (with Sch. 1 para. 4(7)(8)

6 W Paragraph 5 does not apply if it appears to the [F6 Senedd] Commission that the person in question is disqualified from membership of the Board under section 4.

Textual Amendments

F6 Word in Measure substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 4(12) (with Sch. 1 para. 4(7)(8)

(introduced by section 16)

SCHEDULE 3 W AMENDMENTS TO THE GOVERNMENT OF WALES ACT 2006

Section 20 W

1 W In section 20(1) for “The Assembly must make provision” substitute “ Provision must be made ”.

2 W In section 20(2) for “The Assembly may make provision” substitute “ Provision may be made ”.

3 W In section 20(3) for “The Assembly may make provision” substitute “ Provision may be made ”.

4 W For section 20(6) substitute—

“(6) Provision under this section is to be made by determination made by the Board.”.

5 W After section 20(6) insert—

“(7) The Assembly Commission must give effect to any determination made by the Board under this section.

(8) In this section (and in sections 22, 24, 53 and 54) “the Board” means the National Assembly for Wales Remuneration Board established by section 1 of the National Assembly for Wales (Remuneration) Measure 2010 (nawm 4 —).”.

Section 22 W

6 W In section 22(2) for “The Assembly” substitute “ The Assembly Commission ” and omit“(and may, in particular, do so by requiring it to be published by the Assembly Commission)”.

7 W For section 22(3) substitute—

“(3) The Assembly Commission must lay before the Assembly every determination made by the Board under section 20(6) as soon as is reasonably practicable after it is made.”.

Section 24 W

8 W In section 24(1) omit “as the Assembly from time to time determines” and substitute “ as the Board from time to time determines ”.

9 W Omit subsection 24(4).

10 W For subsection 24(6) substitute—

“(6) The Assembly Commission must lay before the Assembly every determination made by the Board under section 24(1) as soon as is reasonably practicable after it is made.”.

11 W After section 24(6) insert—

“(7) The Assembly Commission must ensure that information concerning the sums paid under this section is published for each financial year.”.

Section 53 W

12 W In section 53(1) for “The Assembly must make provision” substitute “ Provision must be made ”.

13 W In section 53(2) for “The Assembly may make provision” substitute “ Provision may be made ”.

14 W In section 53(3) for “The Assembly may make provision” substitute “ Provision may be made ”.

15 W For section 53(7) substitute—

“(7) Provision under this section is to be made by determination made by the Board.”.

16 W After section 53(7) insert—

“(8) The Assembly Commission must give effect to any determination made by the Board under this section.”.

Section 54 W

17 W In section 54(2) for “The Assembly” substitute “ The Assembly Commission ” and omit “(and may, in particular, do so by requiring it to be published by the Assembly Commission)”.

18 W For section 54(3) substitute—

“(3) The Assembly Commission must lay before the Assembly every determination made by the Board under section 53(7) as soon as is reasonably practicable after it is made.”.